Ordinance 76-43 ORDINANCE NO. 76-~3.
AN ORDINANCE A~4ENDING ORDINANCE NO. 76-30
%~BY ~NDING SECTION 8, SUPPLEmeNTARY DISTRICT
~GU~TIONS; ~NDING SECTION 9, SPECIAL
~GU~TZONS FOR (ST) A~AS OF E~IRON~NT~
AND OFF-ST~ET LOADING; ~NDING SECTION 20,
~SIGNS; ~NDING SECTION 2~, ~SIDENTI~
SINGLE-F~ILY~ ~NDING SECTION 22, PART I
II~ ~SIDENTIAL MULTIPLE F~ILY; ~ENDING
SECTION 23, ~-2, ~SIDENTI~ MULTIPLE F~ILY;
~NDING SECTION 24, PUD; ~NDING SECTION
RT, ~SIDE~I~ TOURIST7 ~NDING SECTION 26,
GC, ~ COURSE DISTRICT; ~NDING SECTION 28,
MOBILE 110~ SUBDIVISION DISTRICT~ ~ENDING
~ENDING SECTION 33, CO~ENIENCE CO~RCI~
DISTRICT; ~NDING SECTION 34, GENE~ ~TAIL
CO~ERCI~ DISTRICT~ ~NDING SECTION 35,
CO~ERCI~ INDUSTRI~ DISTRICT~ ~ENDING
SECTION 36, INDUSTRI~ DISTRICT~ ~ENDING
SECTION 37, AGRICULTU~ DISTRICT~ ~NDING
SECTION 48, ~ENDMENTS; ~D PROVIDING ~
EFFECTI~ DATE:
WHEREAS, the Coastal Area Planning Commission petitioned
the Board of County Commissioners, Collier County, Florida to amend
the Comprehensive Zoning Regulations for the unincorpora~ ama of--
the Coastal Area Planning District of Collier County, F~da, as
hereinaf tot described:
NOW, THEREFORE BE IT ORDAINED BY THE BOARD OF~"-~UN~
COMMISSIONERS OF COLLIER COUNTY, FLORIDA:
SECTION ONE:
The Comprehensive Zoning Regulations for the unincorporated
area of the Coastal Area Planning District of Collier County, Florida,
Ordinance No. 76-30 are amended as hereinafter described:
Amend Section 8 - Supplementary District Regulations
Paragraph 10: Essential Services
Amend to read as follows:
10.
Essential Services: Essential services are
~ervices designed 'and operated to provide
water, sewer, gas, telephone,electricity,
cable television or communications to the
general public by providers which have been
approved and authorized according to laws
having appropriate j6risdiction. Essential
services are permitted in any zoning' district
subject to the following conditions:
-1-
The following uses shall be deemed permitted
uses in any zoning distirot~ water lines,
sewer lines, gas lines, telephone
cable television, electrical transmission and
distribution lines, sub-stations, lift
stations and similar installations necessary
for the performance of these services.
B. Provisional Uses:
The foll,~wing uses shall be deemed pro-
visional uses in any district: Electric
or gas get,rating plants, sewage treat-
ment plants, water pumping or water aeration
or treatment plants, sewage or water system
accessory to a use, but not in the same
zoning district as the use it is intended
to serve, and other similar facilities.
Under this subsection, where structures are
involved other than structures supporting
lines or cables, such structures shall
conform insofar as possible to the character
of the district in which they are located
as to architecture and landscaping, with
utilization of screening and buffering
compatible with the district.
De
Essential Services shall not be deemed to
include the erection of structures for
commercial activities such as sales or
the collection of bills in districts from
which such activities would otherwise be
barred.
Amend Section 9 - SPECIAL REGULATIONS FOR (ST) AREAS OF ENVIRON-
MENTAL SENSITIVITY:
1. Intent and Purpose:
Certain areas of Environmental Sensitivity require
special regulation to protect, conservo and improve
the ecology of the Coastal Area Planning District,
and prevent their use in a manner which is contrary
to the health, safety, and well-being of the
community. These areas of environmental sensitivity
are a unique natural resource being commercial,
recreational and aesthetic benefits of a kind of
abundance found nowhere else in this nation. These
are annually renewable benefits that are dependent
upon the maintenance of certain conditions and
ecological relationships found in the ecological
system of Collier County. The purpose of this special
regulation is to protect and conserve areas of
environmental sensitivity while permitting those
types of developments which will prevent ecological
change or damage or hold such changes to acceptable
levels. Areas of environmental sensitivity include
but are. not necessarily limited to, mangrove swamp;
coastal beaches; estuarine areas; cypress domes;
fresh water marshes; tidal marshes; natural drainage
courses; and land and structures of historic and/
or archeological significance. Conservation goals
for areas of environmental sensitivity include, but
are not limited to:
A. Preservation of natural drainage ways.
B. Reduction or elimination of pollutant discharge
into air or water which would lower the
pollutant level or air or water below per-
missible Federa. State, and local governmental
standards.
C.. Preservation of ecological systems to the
end that flora and fauna are capable of
effective 'role 'in the life chain of their
biologic community;
D. Conservation of the essential fresh and
salt water resources of the Coastal Area '
Planning District, and,
E. The preservation of lands and structures
of historical and/or archaeological
significance.
Establishment of Zoning Classification:
An overlay zoning cl~ssification to be known as
the "ST~ Special Treatment District, and to be
designated on the Official Zoning Atlas by the
symbol "ST" together with the symbol of the
basic zoning district which it overlays, is
hereby established. This overlay classification
will be used for those lands of environmental
sensitivity where the essential ecology of the
lands cannot be preserved under other zoning
districts and regulations established by this
ordinance. Where lands dre designated "ST"
the regulations of this Section 9 shall be in
addition to the regulations applicable to the
basic zoning classification such lands otherwise
hold.
3. Development Plan Approval Required:
No lands designated "ST" shall be cleared, altered,
changed or in any manner developed until approval
of a Development Plan has been obtained in the
manner herein set forth.
For the purpose of this Section, the requirements
of Section 39.8 "Site and Development Plan
Approval" do not apply.
UBes=
Lands designated "ST"' shall be used only for the
permitted principal uses, the permitted accessory
uses, and/or the permitted provisional uses
under the basic zoning classification of such
lands. The consideration of an application for
a provisional use shall be subject to a Public
Hearing. This hearing may run concurrently with
any public hearing required by this Section or
may be held at a separate time.
However, where an applicant for development
approval proposes a particular use or uses that
are permitted or permissible under the basic
zoning classification, the fact that such a
use or uses is permitted or permissible shall
confer no right on him to such use or uses if
the ecology of the area involved would be
severely or substantially damaged thereby.
5. Transfer of Residential Density Credit:
An owner of land located within an area designated
as "ST" may elect to transfer all or some of the
residential density of his "ST" land to another
property, rather than develop the "ST" lands in
conformity with the "ST" regulations.
The residential density credits may be transferred
in portions or as a total, provided that once
transferred, residential density credits shall not
be transferred again.
-3-
663
Suoh transfer may be for the immediate develoPment
of contiguous non-"ST" land or may he for the
future development of contiguous non-"ST" land
and is subject, to the following conditionsz
A. Transfer of Residential Density Credit
For Immediate Development:
(1) General Requirements:
(a)The transfer shall he to land
not designated "ST".
(b) The transfer shall be to land
having at least one point of
contiguity with the land
designated "ST". For the pur-
pose of this section, an inter-
vening agent such a~ but not
limited to a public or private
street, easement, railroad right-
of-way, or natural body of water,
excluding waters under Jurisdiction
of any public agency unless
specifically approved by the
Board, does not prevent properties
from being contiguous, provided:
(i) Ail lands are included within
the same petition.
(ii) Such lands would have contiguity
were it not for the 'fact that
they are physically separated
by an intervening agent.
(iii) Such lands would have juxta-
position in at least one point
if the intervening agent were
removed and the land boundaries
extended across the intervening
agent.
(c) The "ST" land may be left in its
natural state or used for limited
recreation, open space, surface
drainage and spreader waterways,
effluent polishing ponds, scenic
trails, and protected wildlife
habitats or for any other use which
is approved by the County as an
integral part of the development
plan.
(d) The non-"ST" land to which the
density transfer is made shall be
developed in accordance with all
of the regulations of this Section
including the approval of a
development plan.
(e) The fact of transfer for "ST" land
along with a development plan,
shall be recorded at the owner's
expense in the records of the Clerk
of the Circuit Court of Collier
County, together with a covenant
on such land with enforcement
running to the County that no future
alteration, building, or development
permit will be issued in the future
on such land except as follows:
(i) In accordance with the conditions
5
of the approved developmen~
plan.
(ii)
In accordance with the condi-
tions of an approved modification
of the development plan.
('iii)
The recorded transfer of density
credit may not be amended or
expunged from the public records
of the Clerk of the CircUit
Court without due process of
law and/or just compensation
for any reduction of development
rights.
The maximum allowable transfer of
density use credit from a parcel
of land designated "ST" to a contiguous
area not designated "ST" shall be
computed on the basis of one (1)
acre of "ST" to one (1) acre of
contiguous area not designated "ST".
The number bf units which may be
transferred shall be calculated
on the number of dwelling units
which are permitted:
(i)
In the zoning district of thc
non-"ST" land to which the
credit density is being trans-
ferred,
(ii)
On the Official. Land Use Guide
level for the non-"ST" land to
which the credit density is
being transferred, whichever
of these is the greater.
In instances where a transfer
of development rights consists
of more "ST" land than non-"ST"
land, the residential density
of the excessive "ST" land may
be included in the transfer at
the ratio of .2 dwelling units
for each additional gross acre
of "ST" land in excess of the
non-"ST" land.
(2) Specific Requirements:
(a)
Development of "ST" land of ten
acres or less involving density
transfer.
(10)
Where land has an "ST" designation,
is ten (10) acres or less in gross
area, and where transfer of density
credit is involved under Section 9.5
above, the following procedures and
standards shall govern for the
approval of the Development Plan.
-5-
Pre-application conference:
Prior to the filing of an appli-
cation for approval of a Develop-
ment Plan for "ST" land, the
Applicant shall request and
hold a pre-application conference
with the Director and appropriate
County Staff. The pre-application
_ 663 [5598
cOnference ks Zor the purpose ' ,
of guidance and information
and for insuring insofar as
may be possible that any
application will be in confor-
mity with these regulations.
No application for approval of
a Development Plan will be
accepted for formal processing
and public hearings until the
Director has reviewed the
application to determine that
all required data have been in-
cluded; a minimum of thirty (30)
days should be allowed for this
phase of the review process.
(ii)
Prior to the granting of an
approval for a Development Plan
for the transfer of development
rights for any lands designated
"ST", the conditions of transfer
shall meet all the requirements
of Section 9 of this Ordinance.
The formal application for a
Development Plan Approval shall
include a Development Plan of
the subject lands along with an
environmental impact statement
as required in Ordinance 74-36,
and when applicable a tree
removal plan in compliance with
Ordinance 75-21, and/or a
Development of Regional Impact
Review Data as required under
Chapter 380.06 of the Florida
Statutes.
(iv)
Upon the formal filing of the
application for Development Plan
Approval, the application and
supporting data shall be referred
to the appropriate advisory
boards for recommendation.
These recommendations shall be
filed at the time of public
hearing before the Planning
Commission or prior thereto.
Such reference shall not, however,
serve to delay the public hearing
by the Planning Commission.
(v)
Upon such hearing, the Planning
Commission shall make its
recommendation to the Board.
(b)
Development of "ST" Land of More Than
Ten (10) Acres Involving Density
Transfer.
Where land has an "ST" designation,
is more .than ten (10) acres in gross
area, and where transfer of density
credit is involved under Section 9.5
above, the procedures and standards
to be used are the same as in para-
graph 5.A.(2) (a) above.
B. Transfer of Residential Density Credit for
Future Development:
(1) General Rgquirements:
(a)
(b)
(c)
(d)
(e)
663
The transfer shall be to land
not designated "ST".
The transfer shall be to land
having at least one point of
contiguity with the land designated
"ST". For the purpose of this
Section, an intervening agent
such as but not limited to a public
or private street, easement,
railroad right-of-way, or natural
body of water, excluding waters
under the Jurisdiction of any
public agency unless specifically
approved by the Board, does not
prevent properties from being
contiguous, provided:
(i) All lands are included within
the same petition.
(ii)
Such lands would have contiguity
were it not for the fact that
they are physically separated
by an intervening agent.
(iii)
Such lands would have juxta-
position in at least one point
if the intervening agent were
removed and the land boundaries
extended across the intervening
agent.
The "ST" land may be left in its
natural state or used for limited
recreation, open space, surface
drainage and spreader waterways,
effluent polishing ponds, scenic
trails, and protected wildlife
habitats or for any other use which
is approved by the County as an
integral part of the Development
Plan.
At the time non-"ST" land to which
the density transfer has been made
is ready for development, such
development shall be in accordance
with all of the regulations of this
Section including the approval of
the Development Plan.
The fact of transfer for "ST" land
shall be recorded at the owner's
expense in the records of the Clerk
of the Circuit Court of Collier
County, together with a covenant on
such land with enforcement running
to the County that no future
alteration, building or development
permit will be issued in the future
on such land except as follows:
(i) In accordance wi~h the conditions
of an approved Development Plan.
(ii) In accordance with the conditions
of an approved modification of
the Development Plan.
(iii) The recorded transfer of density
credit may not be amended or
-7-
Cf) ,
expunged from the public re-
cords of the Clerk of the Circuit
Court without due process of
law and/or just compensation for
any reduction of development
rights.
The maximum allowable transfer of
density use credit from a parcel
of land designated "ST" to a con-
tiguous area not designated "ST"
shall be computed on the basis of
one (1) acre of contiguous area
not designated "ST".
The number of units which may be
transferred shall be calculated
on the number of dwelling units
which are permitted:
In the zoning district of the
non-"ST" land to which the
credit density is being trans-
ferred or,
(ii)
On the Official Land Use Guide
density level for the non-"ST"
land to which the credit density
is being transferred, which ever
of these is the greater.
In instances where a transfer
of development rights consists
of more "ST" land than non-"ST"
land, the residential density
of the excessive "ST" land may
be included in the transfer at
the ratio of .2 dwelling units
for each additional gross acre
of "ST" land in excess of the
non-"ST" land.
(2) Specific Requirements:
(a)
Transfer of Residential Density
Credit for Future Development for
Areas of "ST" Lands of Ten (10)
Acres or less~
Where land has an "ST" designation,
is ten (10) acres or less in gross
area, and where transfer of
residential density is involved as
set out in Section 9.5 above, the
following procedures apply:
(i)
Pre-application conference:
Prior to the filing of an
application for approval of
transfer of residential density
credit on ten (10) acres or less
of "ST" land, the applicant
shall.roquest and hold a pre-
application conference with the
Director and appropriate County
Staff. The pre-application
conference is for the purpose
or guidance and information and
for insuring insofar as may be
possible that any application will
be in conformity with these
regulations. No application
for a transfer will be accepted
-8-
(b)
663' d53f
for formal processing and
public hearings until the
Director has reviewed the
application to determine that
.all required data have been
included! a minimum of thirty
(30) days should be allowed
for this phase of the review
process.
(ii) Prior to the approval ~or the
transfer of development rights
for any lands designated "ST",
the conditions of transfer must
meet all the requirements of
Section 9 of this Ordinance
with the exception that the
petitioner shall not be required
to submit or receive approval
of a development plan, until
such time as the development of
the non-"ST" land to which the
transfer of development rights
has been made is ready for
commencement, at which time the
petitioner is required to submit
and receive County approval of
a development plan prior to
commencement of development.
The development plan shall meet
all County regulations in force
and effect at the time of its
submittal and approval by the
County.
(iii) The Director shall schedule a
public hearing on the application
for transfer before the Planning
Commission and upon such hearing
the Planning Commission shall
make its recommendation to the.
Board.
Transfer of Residential Density
Credit for Future Development for
Areas of "ST" lands of more than ten
(10) acres:
Where land has an "ST" designation,
is more than ten (10) acres in gross
area, and where transfer of density
credit is involved under Section 9.5
above, the procedures to be used are
the same as in paragraph 5.B.(2) (a)
above.
6. Development Procedures and Standards for "ST" Lands:
Development Procedure and Standards for "ST"
Land of Ten (10) Acres or less not involving
Density Transfer:
Where land has an "ST" designation, is ten (10)
acres or less in gross area, and where no trans-
fer of residential density is involved as set
out in Section 9.5 above, the Director may
issue a development plan approval for a proposed
development. Prior to th~ is~uaKce of any
such development plan.approval the Director
must make a finding that one or more of the
following conditions exist:
-9-
(l)
(2)
.c 663 ' cd538
Previous usage and development of the
property has altered the original environment
in such a man,er that the proposed develop-
ment will not further degrade the environ-
mental quality of the site or surrounding
areas that might be affected by the pro-
posed development.
Previously existing major flora and fauna
of the site has already been removed or
altered to such a degree as to preclude
any reasonable probability for ecological
regeneration.
(3)
Surface and/or natural drainage of the
site has already been channelized, paved,
altered, or improved and will not be
further altered or degraded as a result
of the proposed development.
(4)
No pollutants will be discharged from the
proposed development which will substantially
degrade the air and water quality beyond
levels existing at the time of application.
(5)
The proposed development will improve and
correct ecological deficiencies which
resulted from previous use or development.
(6)
The proposed development will not require
any major alteration or modification of
the existing land forms, drainage, or
flora or fauna on the site.
Development Standards
of More Than Ten (10)
Transfer:
and Procedure for "ST" Land
Acres not InvolVing Density
Where land has an "ST" designation, is more than
ten (10) acres in gross area, and where transfer
of density credit is not involved under Section 9.5
above, the following procedures and standards
shall govern for the issuance of. development
permits.
(1)
Pre-application conferences Prior to the
filing of an application for development
plan approval of "ST" land, the applicant
shall request and hold a pre-application
conference with the Director and appropriate
County Staff. The pre-application con-
ference is for the purpose of guidance and
information and for insuring insofar as may
be possible that any application will be
in conformity with these regulations. No
application for a development plan approval
will be accepted for formal processing and
public hearings until the Director has
reviewed the application to determine that
all required data have been included; a .
minimum of thirty (30) days should be allowed
for this phase of the review process.
(2)
Development Plan Required: The formal
application for a development plan approval
shall include a development plan of the
subject lands along with an environmental
impact statement as required in Ordinance
74-36, and when applicable, a tree removal
plan in compliance with Ordinance 75-21,
and/or a Development of Regional Impact
data as required under Chapter 380.06 of the
Florida Statutes.
-lO-
(3)
(4)
Iii' 663 a 1533
Upon the formal filing of the application
for a' development plan approval, the
application and supporting data shall be
referred to the appropriate advisory board
for recommendation. These recommendations'
shall be filed at the time of public hearing
before the Planning Commission or prior
thereto. Such reference shall not, howeverv
serve to delay the public hearing by the
Planning Commission.
The public hearing shall be held by the
Planning Commission and, upon the hearing,
it shall maka its recommendation to the Board.
7. Board Action=
Final action on all developments more than ten (10)
acres within "ST" land and on applications involving
transfer regardless of~acreage lies with the Board
of County Commissioners. The Board may:
A. Approve the application as presented.
B. Deny the application as presented, or
C. Approve the application with additional changes,
conditions, and safeguards.
Upon approval by the Board, the petitioner may
then apply for the required permits in order to
develop his property; i.e. building permits,
engineering permits, tree removal permits, etc.
8. Modification of Development Plan:
Any modification of the development plan as approved
by the Board which would substantially alter the intent
and purpose of these "ST" regulations requires the
procedure and approval as for a new application.
Minor modifications within the intent and purpose of
these regulations may be made by the Board upon the
recommendation of the Planning Commission.
Duration and Effect of Development Permit, Failure
to Conform to Permit Requirements:
ae
Unless otherwise specified by the Board, the
development plan approval shall expire and be
terminated two (2) years after the date of
approval or as specified in the development
plan approval; provided, if development is
progressing in full accord with the terms of
the development plan approval, development may
continue. The Board may, at the time of approval
of the development plan application prescribe
time limits for the development and completion
of stages of the project. For future development,
the time limit shall begin upon approval of a
development plan by the County.
Where a development plan approval calls for
staging no subsequent stage may be commenced
until the Director has certified that the
previous stage has been accomplished in full
accord with the terms of the development plan
approval.
The Board may suspend or terminate the approved
development plan approval and order the termination
of the project upon a finding that the developer
has failed to comply with=
10.
development plan. approval, or
(2) Any substanti=e provisions of the
development 91an approval relating to
the character of the development has
not been complied with.
D. When a development plan has been terminated under
sub-section C., above, the applicant may petition
the Board to reinstate the development plan
approval. The Board may direct the applicant to
refile his application for a complete review
or for specific stages of the review procedure.
No subsequent development plan approval shall
effect an increase in residential density nor
a decrease'in water environmental quality as
set by the original development plan approval.
E. On due cause shown, time limits prescribed in the
development plan approval may be extended by
the Board for not to exceed a one (1) year
period.
Requirements to Post Surety to Assure Completion of
Development:
Prior to the issuance of any development permit,
the developer shall post a surety to guarantee the
completion of the improvements which shall satisfy
the following requirements:
A. A surety, in the form of a surety bond, trust
deer or escrow agreement or other security device,
approved by the Board of County Commissioners
shall be filed with the Clerk of the Circuit
Court. Such security device shall cover at least
one hundred ten (110) percent of all of the costs
of all the required improvements, such as
streets, sidewalks, drainage, canals, fill,
public water, sewerage, and solid waste disposal
including engineering supervision and inspections,
etc., as shown on the development construction
plans. Cost estimates shall be prepared by a
registered professional engineer of the State
of Florida and approved by the County Engineer.
Surety for completion shall be reviewed for cost
estimates of the work remaining to be completed
on an annual basis.
When extension of the completion time is requested
by the Board of County Commissioners beyond the
duration of the development plan approval a re-
vised cost estimate and adjusted amount of surety
shall be provided for the improvements to be
completed. Such security device shall:
(1) Be conditioned upon the faithful performance
by the developer of all work required to
complete all improvements and installations
for the development of stages thereof, in
compliance with the development plan approval
with a specified time; four (4) years unless
otherwise noted.
Amend Section 14 - Provisional Uses:
By adding Paragraph 6 -' Chan~e's 'and Amendments:
6. The Director may approve changes in the location,
siting or height of buildings, structures, and
improvements' authorized by the approved Provisional Uses.
in land area shall require site and development
plan approval. (See Section 39.8)
Any change or amendment which would increase the
land area covered by a Provisional Use shall
require a full review as for a new request.
Amend Section 18 - Offstreet Pa~king and Offstreet Loading by
Changing Paragraph 5 to read=
5. Offstreet ~arkinq=~pl'ans 'Required. A Plan shall be
~ubmitted'with every application for a building
permit for any bUilding~or use that is required to
provide offstreet parking. The plan shall include,
but not be limited to the following information=
A. Vehicular entry and exit drives.
B. On-site vehicular circulation patterns,
required parking and loading spaces.
C.Accessways for emergency and service vehicles
if separate from A above.
D. Location of buffers and landscaping areas
as required by Section 19 of this Ordinance.
E. Off-site improvements necessitated by the
traffic of the proposed project such as
storage l~nes, median cuts, signalization,
etc.
The Director shall require a traffic impact statement
where the proposed project may:
1. Generate a volume of traffic greater than that
normally generated by the other permitted uses
of the same zoning district, or,
2. Require the creation of new curb cuts or median
cuts to safely handle the traffic generated by
the proposed project, or,
3. Require signalization, storage lanes or other
similar traffic safety devices to safely and
adequately handle the traffic generated by the
proposed project.
And by Adding Paragraph 20 to Read=
20. Parkin~ Spaces Required for Disabled Persons=
A. One space in the immediate vicinity of a building
maintained and operated with public funds and
intended for use by the public, including but
not limited to, state office buildings, court-
houses, rehabilitation centers, and hospitals;
except a minimum of three spaces shall be pro-
vided at physical restoration rehabilitation
ccntcr~, and
B. One space for each 300 metered on-street and
publicly maintained and operated parking lot
spaces.
C. All spaces shall have accessible thereto a curb-
ramp or curb-cut, when necessary to allow access
to the building served, and shall be located so
that users will not be compelled to wheel behind
parked vehicles.
D. Diagonal or perpendicular parking spaces shall be
a minimum of twelve (12) feet wide.
-13-
at the be'ginning or' end of a bl'ock 'or adjacent
to alley entrances. Curbs' adjacent to such
spaces shall be of ~ height which will not
interfe~e 'with 'the opening and closing of motor
vehicle 'doors.
F. Each such parking space shall be posted with a
sign of a color and design approved by the
Department of Transportation, with lettering
such as "PAP~KING FOR WHEELCHAIR DISABLED ONLY"
and bearing the internationally accepted wheel-
chair symbol.
Amend Section 20, Signs, by adding=
7. ' District Re~ul'ations:
(1) Maximum height= 12~
(2) One (1) class "B" on each major entrance
to recreational activity,
or
Two (2) class "C" on each major entrance
or
One (1) class "B" on lots with 150~ or
more frontage:
(a) Ground Sign
(3) One class"D" wall sign per permitted use.
Amend Section 21, RS-Residential, Single-Family by changing 2.C
Provisional Uses (2) to read:
(2) Recreational facilities not accessory to principal
use.
Amend Section 22.I, RM-1 by changing 2.C Provisional Uses (3) to
read:
(3) Recreational facilities not accessory to principal
use.
Amend Section 22.II, RM-1A, Residential Multi-Family District, by
changing Paragraph 2.A.(2) to read:
(2)
Multi-family dwellings in accordance with the
provisions of the RM-1 district, provided that non-
conforming lots of record need 6,500 square feet
for each dwelling unit.
And by changing 2.C Provisional Uses (3) to read:
(3) Recreational facilities not accessory to principal
use.
Amend Section 23, RM-2 by changing 2.C Provisional Uses (5) to
read:
(5) Recreational facilities not accessory to principal
use.
Amend Section 24, PUD Paragraph 10 by adding an additional paragraph
to read:
Fo
All other changes shall be considered major changes
to the Master Plan and shall require the same pro-
cedure as for actual PUD zoning (See Paragraph 8
of this Section) before they can be approved by the
Board.
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Amend Section 25, RT, by addi.ng to 2.C Provisional Uses [4) to read:
(4) Recreational facilities not accessory to principal
use.
Amend Section 26, GC, Golf Course District by adding a new Section
26.Ii,' RO=Re=re'a'tion:. and Open Space 'District to
read:
(1)'
DiStrict PUrpose: This district is intended to
apply to areas which provide natural or man-made
recreation and other open space lands and facilities
which provide public or special group recreation,
education, entertainment and relaxation. Such
lands and facilities may be provided through
public, private, commercial or special, group
sponsorship.
(2)
'Permitted uses 'a~'d 'Structu'res: No building or
~tructure or part thereof, shall be erected, altered
or used, or land or water used, in whole 'or in
part for other than the following:
A. Perm£tted Princip~ Usesand ~tructures:
(1) Parks and playgrounds.
(2) Biking, hiking, canoeing, and nature trails.
(3) Equestrian paths.
(4) Nature preserves and wildlife sanctuaries.
(5) Any other open space activity which is
comparable .in nature with the foregoing
uses and which the Director determines
to be compatible in the District.
B. Permitted Accessory uses 'and Structu'res:
Accessory uses and structures customarily
associated with the uses permitted in this
District.
C. ' Permitted Provisional Uses 'and 'Structures:
The following may be permitted :ubJect to
provisions of Section 14 of this Ordinance:
(1) Public swimming pools
(2) Marinas and boat ramps
(3) Community centers
(4) Amphitheater
(5) Shooting range
(6) Race 'track
(7) Driving range
(8) Miniature golf course
(9) Archery ranges
(10) Water ski jumps
(11) Tennis facilities
(12) Zoo, sea aquarium, aviary, botanical
garden, or other similar uses.
3. 'Site Plan Approval: site plan review required for
all uses-see Section 39.8 of this Ordinance.
4. Minimum Lot Area: 2% acres unless otherwise approved
during site plan review.
5. Minimum LOt Width: 150 feet unless otherwise approved
during site plan review.
Yard ReqUi'rements 'for 'Structures:
approved during'site plan revieW:
Unless otherwise
A. Depth of front yard: 50 feet
B. Depth of side yard: . 30 feet
C. Depth of rear yard: 50 feet
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~thorwi~' approved during site planreview.
8. Minimum'O'ff-St~e'et Pa'r~in~ 'a'nd 'Off~Stree'~I2~a'd'i~
'~nts~ As kequire~ in Section 18 of this'
oralnance~ '
9. Minimum La'nd~ca~iWq 'Requfremen'ts~ As required in
SeCtion 19 of"'this Ordinance.
10.' Limitatfo~ 'of 'Signs: As permitted in Section 20
bf {his Ordinance.--
Amend Section 28 MHSD by adding to 2.C Pro=isional Uses (4) to
read~
(4) Recreational facilities not accessory to principal
Amend Section 32, PC - Professional Com~ercial, by adding 2.A
Permitted Principal Uses:
(10) Civic and cultural facilities.
(11) Any other professional or commercial use which
is comparable in nature with the foregoing uses
and which the Director determ,~nes to be compatible
in the District.
And by adding to 2.C, Provisional Uses (8) to read:
(8) Recreational facilities not accessory to principal
Amend Section 33, CC-Convenience Commercial'by adding to 2.A
Permitted Principal Uses:
(18) Any other convenience commercial use which is
comparable in nature with the foregoing uses
and which the Director determines to be compatible
in the District.
And by adding 2.C Provisional Uses and Structures to read:
Cj
Provisional uses and Structures: The following
uses may be'permitted'subject to the provisions
of Section 14 of this Ordinance.
(1) Recreational Facilities not accessory to
principal uses.
Amend Section 34, GRC - General Retail Con~nercial by changing
Paragraph 5.A to read:
A. Depth of Front Yard Setback - Fifteen (15) feet in
which no parking shall be allowed.
Amend Section 36, I - Industrial by adding to 2.C Provisional
Uses (4) to read:
(4) Recreational facilities not accessory to
principal uses.
Amend Section 37.A - Agricultural District by adding to 2.B
Permitted Accessory Uses:
(5) One guest house (also see Section 8.22, Page
47 - Supplementary District Regulations)
Amend Section 38, E - Estates District by adding to 2.B Permitted
Accessory Uses:
(5) One guest house (also see Section 8.22, Page 47 -
Supplementary District Regulations)
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5
(4) Recreational facilities not accessory to principal
%lse.
Amend Section 39, Administration and Enforcement by adding to
Subparagraph 2 of Paragraph 1.' General a
sentence to read:
Failure to comply with any such order of the Director
shall be a violation of this Ordinance.
Amend Section 48, Amendments:
By removing Paragraph 4 completely and renumbering
remaining paragraphs accordingly.
By adding to the.existing Paragraph 6 under sub-title
Residenti~I'Rezon'e P~'~iti'qn a third paragraph to
read:
A petition which would result in a lower density
than that presently permitted under the existing
zoning of the land shall not be' required to meet
the Rating System for Determining Availability
of Adequate Existing Community Facilities and
Services.
SECTION TWO:
This Ordinance shall become effective upon receipt
of notice that it has been filed with the Secretary of State.
DATE:' SeEre~ber'21,'1976
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTYf FLORIDA
DA~;ID Co BROWN, C}U~IRMAN
ATTEST:
~./-A_.M~.RGARET T. SCOTT, CLER/~ ~AND LEGALITY:
./",:, '
: ;.' .',,, :: :'.,,',~/.'.'? :, '.
:,. ~., ',.. ,./:::-:. . · ~ '
This ordinance filed with the Secretary of State's office the
27th day of September, 1976 and acknowled~nent of that filtnE
rccctved this 29th day of September, 1976.
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